SRC-VRA S.B. 614 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 614
78R4994 KSD-FBy: Barrientos
Intergovernmental Relations
4/11/2003
As Filed


DIGEST AND PURPOSE 

Currently, there are no "due process" requirements for local sheriff's
department officers as there are for fire fighters and other law
enforcement agencies.  Sheriff's departments are not required to inform
their deputies of complaints made against them, nor are they required to
show the deputies such complaints.  As proposed, S.B. 614 implements a
system of "due process" to tighten restrictions of the circumstances under
which disciplinary action can be taken by fire departments and law
enforcement agencies.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 614B, Government Code, as follows:

Sec.  614.021.  Provides that this subchapter applies only to a complaint
against a fire fighter who is employed by the state or a political
subdivision of the state or a peace officer, rather than a police officer,
under Article 2.12, Code of Criminal Procedure (Who are peace officers),
or other law who is appointed or employed by a political subdivision of
the state who was previously not covered by a civil service statute. 

Sec.  614.022.  Adds new language related to a complaint required to be in
writing and signed by the complainant in order for the complaint to be
considered by the head of a state agency or by the head of a fire
department (deletes reference to police department) or local law
enforcement agency.   

 Sec.  614.023  (a)  Makes conforming changes.

(b)  Provides that disciplinary action may not be taken against the
officer or employee unless the complaint is investigated and there is
sufficient evidence to prove the allegation of misconduct.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.